deviation from route

A change from the usual or customary route, a term usually employed in the law in reference to a carrier or other bailee entrusted with property for transportation. 4 Am J2d Ani § 7. A technical term in the law of carriers, of maritime origin but extended to include land transportation, meaning a change of route from the customary route, such being actionable only where it was voluntary and without necessity or reasonable cause. 13 Am J2d Car § 324. A voluntary variation constituting an abandonment of the voyage insured by marine policy. Wilkins v Tobacco Ins. Co. 30 Ohio St 317. Deviation by a ship is a voluntary departure, without necessity or reasonable cause, from the regular and usual or agreed course of a voyage. It may consist also in other departures from the agreed or customary route or method of transportation, such as taking another vessel in tow, shipping by a vessel other than the one specified in the contract of affreightment, shipping part of the way by rail when all water carriage was stipulated, or carrying the goods beyond the delivery point. Whether there has been a deviation or not, upon given facts, is a question of law for the court to determine. 48 Am J1st Ship 393. The term "deviation" in a marine insurance policy means a voluntary departure without necessity or justifiable cause, from the regular and usual course of the voyage. 29A Am J Rev ed Ins § 1000. See involuntary deviation.